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2026 Supreme(Online)(Kar) 17809

THE HIGH COURT OF KARNATAKA
CHIEF JUSTICE AND C.M. POONACHA
THE STATE OF KARNATAKA . – Appellant
Versus
SRI GURUSWAMY – Respondent


INTRODUCTION

1. The State has filed the present appeal impugning an ad interim order [impugned order] dated 25.11.2025 passed by the learned Single Judge of this Court in WP.No.35227/2025 (EXCISE). The said writ petition was filed, inter alia, impugning the amendments introduced to Rule 5, Rule 5-A and Rule 12 of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 (hereafter ‘the Rules’) by the Karnataka Excise (Sale of Indian and Foreign Liquors) (Second Amendment) Rules, 2025 [the impugned rules]. By the impugned order, the learned Single Judge has stayed the operation, implementation and enforcement of the amended Rules 5 and 5-A of the rules. Although the impugned order is an ad interim order, confined to the next date of hearing scheduled for 12.12.2025, it has since been extended.

2. The respondents herein (writ petitioners) were holders of CL-9 licences issued under Rule 3(9) of the Rules. Respondent No. 1 holds a CL-9 licence at Mysore. Respondent No.2 holds a CL-9 licence for Udupi District. Respondent No.3 is the legal heir of the deceased CL-9 licensee, whose licence at Chikkamagalur held during the year 1991 to 1992, stood discontinued from th

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